Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-03

against him, and for aught we can foresee
will continue to be the weapon of warfare
in the hands ofself-seekers in the future.
1t is not remarkable that Congress has
been selected as a proper authority TO
apply the lash to the men who built the
Central Pacific Railway. That road served
California and San Francisco to the same
great purpose as the Erie Canal did New
York. But the tales told by French and
Redington were found useful motives for
stock jobbing legislation, which drew the
support of many honest men to whom its
purpose was not apparent. One of these
informers had quit the service of the Gov
eminent for that Of this corporation. upon
which he finally turned, and the other had
been dismissed from the office of the Rail
way Commissioner for leaking official con-
tidences and selling the drip to stock gam
blers. If either of these men had stood
alone, he would have been incredible. but
one envied the notoriety of the other, and
they hunted in couple.
There was time in the evolution of the
institutions of England, when the road to
notoriety was paved with perjury against
Catholics. Titus Oates had been Cath
Ollie and a Jesuit, but leaped into the seat
of petted public favorite by BETRAYAL of
his Church and his Order. He did not
long monopolize that notoriety, which.
Macaulay says, has for low and bad
minds all the attractions of glory" for soon
Carstairs and Bedloe were competing with
him before Parliament with tales of Popish
plots, and the English Legislature was
greatly moved by spiritual politics.
In this country our Legislatures-fro
the time that of New York disgraced De
Witt Clinton down to the last cinch bill
promoted at Sacramento-in the name of
the public welfare, have pursued the same
unreasoning course in regard to vast mate
rial enterprises, and as long as the
Trenches and Redingtons hold out, Oates
and Carstairs, Bedloe and the periurers
who burrowed i'll the sponging houses of
London will have a perpetual succession
among men.
Plain speaking is not unpleasant neces-
sity of the situation. Since the Congress
slonal Commission of Investigation began
its inquiry into Central Pacific affairs we
fail to note an exception to the condemna-
ton denounced by the Eastern press upon
the constructors and owners of that prop
erty. Many causes conspire and many
circumstances focus to produce hostile
demonstration that is almost appalling.
The President of the Central Pacific, like
Dewitt Clinton, is Senator of the United
States, and, as in Clinton's case, his parti-
sans have connected his name with the
Presidential nomination.
We differ from him in politics and in
many things, but this does not abatc our
interest in California ownership of Cali
fornia roads, for this is one of the few
States whose transportation systems are
owned by their own citizens. To Eastern
Jealousy of such ownership may be as
scrlbed in part that unbroken and embat-
tied front presented by the press of that
section. But that is not all The Blaine
press, led by the Chicago Tribune, and the
Sherman forces, under the orihamme of
Murat Halstead, have forgotten their
mutual animosities in common antagon-
ism against the Pacific coast Republican
big enough to be mentioned for the Presi-
dency. The Democratic press of course
sees its tactical advantage and improves it
ihotihNttNClN. ~ OllC lOokh III VAIN East
ern depreciation of any means, no matter
how wide of constitutional authority, which
Congress may adopt to harass the Cali
fornia Senator, politician and railway
President.
The habit Of pursuing, by hue and cry,
the promoters Of great public works and
enterprises impossible TO private means,
and hence of necessity undertaken by cor
porations, began in New York seventy
yeals ago, and has crossed the continent
like moral cholera, respecting no quaran-
tine. If, like physical pestilence, it were
self-limiting, it might be left alone, but it
is not self-limiting. A British Parliament
pensioned Titus Oates after the wretch had
confessed periuries which sent priests and
laymen, hooded nuns and maids of noble
blood to the headsman, and we may not
expect that an American Congress will re-
sist distemper equally violent.
In one respect the raid upon the mater
ialities of this country differs from that
upon the spiritualties of the Catholic
Church. The Courts Of England were as
diseased as the Parliaments. Here, under
our written Constitution the Courts are
not compelled into COLLISION with co-or-
dinate branch of the Government which
is comfortable by clamor.
The President, who has already been as
sailed for doing his duty, has no choice bat
to execute the laws as he finds them, and
this he has done with fidelity. The Fed
eral Courts are not at the beck and bidding
of Congress. Oates, Carstairs and Bedoe
may coerce the Legislature, but they can
not impress the Bench.
To this Judicial independence, we owe
the decision Of the Federal Court announc-
ed in this city yesterday. 1t is a decision
that will be presently antagonized But
as it bears the authority of Justice Field,
destined to go into history amongst the
foremost jurists of this foremost age, it can
be left safely TO the judgment of Time.
Its spirit is that Congress cannot by COM
mission or committee carry on a judicial
proceeding, nor can it take the Courts into
partnership. The pretense that it can, and
can receive hearsay and other forms of
evidence not recognized by law, is intolera-
BILE. The Commission whose conception
of its authority has caused this re-declara-
ton of the common rights of man, de-
clared that it would accept and demand
any kind of testimony whether within or
without the rules of evidence so long and
so carefully builded for the protection of
rights and the security of justice. Not
this claim alone, but many constitutional
considerations which no Court can over
look, joined to make necessary a decision
defining the limit of Congressional au-
thority.
The Act creating the Commission refers
it to the Courts for enforcement of is
claimed jurisdiction over persons and
papers. But that jurisdiction claims rights
of inquisition by methods denied to the
Courts themselves, and which reverse the
Judicial growth of two centuries, and were
not intended to be deposited with any
branch of republican form of govern
ment
1t is idle TO expect that the Courts will
support jurisdictional usurpation by other
branches of the Government. True, rail
road men are unpopular, and there would
be a present Endorsement of any violation
of law by which they might be made to
smart. But the philosophy of history
teaches that every law which now protects
life, liberty and property had its radix in
reaction from persecution of the unpopu-
lar. The victims of religious intolerance
were not popular, but their blazing bodies
became torches to light the path of relig-